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Date: 09/22/95 Revision : 02/23/23 Reviewed: 07/10/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 565.00 Page: 1 of 9 SUBJECT: WAR RANTLESS SEARCHES I. PURPOSE : The purpose of this standard operating procedure is to define the guidelines for searches conducted without a search warrant. II. SCOPE : This shall apply to all sworn law enforcement and de tention personnel . III. DISCUSS ION: The right of the people to be secure in their persons, houses, papers , and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oa th or affirmation , and particula rly describing the place to be searched and the person or things to be seized (Fourth Amendment to the U.S. Constitution; Florida Constitution, Article I, Section 12; Florida Statute 933.01). The United States Supreme Cour t has applied the Fourth Amendme nt to prohibit the introduction of tangible materials seized during an unlawful s earch into evidence . This principle of excluding evidence obtained in violation of the Fourth Amendment is known as the "Exclusionary Rule." The primary purpo se of the Fourt h Amendment Exclusionary Rule is to deter future unlawful police conduct and , thereby , effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures. The rule is a judicially created safeguard. It is designed to serve as a d eterrent rather than a personal constitutional right. IV. PROCEDURE : A. Searche s Authorized Without a Warrant 1. A search by consent. 2. A "stop -and-frisk." 3. A search of a movable vehicle when there is probable cause t hat it contains contraband or ev idence . 4. A search at the scene of a crime. 5. A search under exigent circumstances which can include destruction of evidence, fresh pursuit, or imminent danger. 6. An inventory search of a seized vehicle or other property . 7. A search inc ident to a lawf ul arrest. 8. Plain view. B. Search by Consent 1. General Principles a. As the Fourth Amendment only proscribes unreasonable searches, it is reasonable for law enforcement to conduct a search once given permission to do so. Consent must be knowing and voluntary and not the product of pressure or coercion. GEN 565.00 02/23/23 Page 2 of 9 b. The general prohibition against warrantless entry into a person's home, business, or other constitutionally protected area s does not apply to situations in which valid voluntary con sent has been o btained. c. Valid voluntary consent acts as a substitute for a search warrant or probable cause. 2. Determination of Consent a. It must be know ing and voluntary and the burden is on the State to prove voluntariness by a preponderance of th e evidence. b. The person giving consent must either have actual or common authority or a reasonable appearance of authority over the area to be searched. c. Voluntary consent may be withdrawn at any time by the consenting party. 3. Determination of Volun tariness a. Whether consent is voluntary is generally a question of fact to be determined from the totality of the circumstances (meaning simply that no one fa ctor will determine the voluntariness of the consent). The conduct of law enforcement, the abil ity of the susp ect to understand and rationally respond to the request for consent, age, education, knowledge, and intelligence of the accused are all relevant in making this determination. (1) It is not necessary that law enforcement advise suspects not in custody, of a right to refuse consent. However, it helps to establish voluntariness. (2) If the suspect is in custody, he /she must be advised of the followi ng: "You have the right to refuse to grant permission for me to search unless I have a search wa rrant." (3) Deputies shall request the suspect in custody sign a "Consent to Search /Waiver of Search Warrant" when practical (not mandatory with verbal consent, but will help in determining voluntariness). b. Coercive conduct by deputies is not consent. The following e xamples may be found as evidence of coercion: (1) Prolonged detention of the sus pect. (2) A statement that the suspect is free to leave if he /she consents to a search. (3) A threat to obtain a search warrant if the deputy has insufficient evidence to obta in a search warrant. (4) A statement that a search warrant is not needed when the suspect asks if the searching deputy has a warrant. (5) An impl ied promise that the suspect shall not be prosecuted. (6) Repeated requests for consent. c. The presence of un iformed and armed deputies, without anything more, is sufficient to raise an issu e of lack of valid consent . Psychological coercion as a grounds for lack of valid consent to search may be sufficient without statements by the deputies. 02/23/23 GEN 565.00 Page 3 of 9 Exam ple: Several un iformed deputies in the suspect ’